RULE: 8 - BILL(S) OF LADING - TERMS AND CONDITIONS Eff: 09APR2025
| Effective | 09APR2025 |
|---|---|
| Filed | 09APR2025 |
| Filing Codes | IC |
All cargo transported under the rates, charges, terms and
conditions named in this Tariff shall be held, carried and
delivered SBJ to the provisions of Carrier's applicable
Long Form B\L, the terms and conditions of which are shown
below.
a. When issued, all B/Ls MUST show the name and address of
both the Shipper/Consignor and the Consignee; the total
weight and total measurement of each piece, package or
unit of cargo in the shipment, except in the case of FCL
shipments, only the total shipment weight and
measurement must be shown; and on shipments consigned
"TO ORDER," the name and address of the party to be
notified MUST also appear.
b. Shippers/Consignors requiring that the Original B/L,
properly endorsed, be surrendered to the Carrier before
delivery is accomplished, MUST secure an ORDER B/L.
c. The Terms and Conditions of Carrier's regular long form
B/L are as follows:
BILL(S) OF LADING OCEAN BILL OF LADING TERMS & CONDITIONS
1) DEFINITIONS:
a) "Bill of Lading" as used herein includes conventional bills of lading,
as well as electronic, express and laser bills of lading, sea waybills
and all like documents, how so ever generated, covering the Carriage of
Goods hereunder, whether or not RT
b) "Carriage" means the whole of the operations and services undertaken or
performed RT
c) "Carrier" means the Company named on the face side hereof and on whose
behalf RT
bailee
d) "Charges" means freight, dead freight, demurrage and all expenses and
money RT
e) "Container" means any container (closed or open top), van, trailer,
flatbed, transportable tank, railroad car, vehicle, flat, flat rack,
pallet, skid, platform, cradle, sling load or any other article of
transport and any equipment associated or appurtenant thereto.
f) "Goods" means the cargo received from the shipper and described on the
face side hereof and any Container not supplied by or on behalf of the
Carrier.
g) "Merchant" means the shipper, consignee, receiver, holder of this Bill
of Lading, owner of the cargo or person entitled to the possession of the
cargo and the servants and agents of any of these, all of whom shall be
jointly and severally liable to the Carrier for the payment of all
Charges, and for the performance of the obligations of any of them under
this Bill of Lading.
h) "On Board" or similar words endorsed on this Bill of Lading means that
in a Port to Port movement, the Goods have been loaded on board the Vessel
or are in the custody of the actual ocean carrier. In the event of
intermodal transportation, if RT
coastal carrier, carrier means that the Goods RT
rail cars or another mode of transport at the Place of RT
are in the custody of a Participating carrier and enroute to the Port of
Loading named on the reverse side.
i) "Participating Carrier" means any other carrier by water, land or air,
performing any stage of the Carriage, including inland and coastal
carriers, whether acting as subcarrier, connecting carrier, substitut
carrier or bailee.
j) "Person" means an individual, a partnership, a body corporate or any
other entity of whatsoever nature.
k) "Vessel" means the ocean vessel named on the face side hereof, and any
substitute vessel, feedership, barge, or other means of conveyance by
water used in whole or in part by the Carrier to fulfill this contract.
2) CARRIERS TARIFFS: The Goods carried hereunder are subject to all the
terms and conditions of the Carrier's applicable Tariff and said terms and
conditions are hereby incorporated herein as part of the Terms and
Conditions of this Bill of Lading. Copies of the relevant provisions of
the applicable tariff or tariffs are obtainable from the Carrier upon
request. In the event of any conflict between the terms and conditions of
such tariff or tariffs and the Terms and Conditions of this Bill of
Lading, this Bill of Lading shall prevail.
3) WARRANTY AND ACKNOWLEDGMENT: The Merchant warrants that in agreeing to
the Terms and Conditions hereof, it is, or is the agent and has the
authority of, the owner or person entitled to the possession of the Goods
or any person who has a present or future interest in the Goods. The
Merchant acknowledges that the Carrier is a non-vessel operating common
carrier ("NVOCC") and that it neither owns nor charters vessels, as a
result of which the Carrier or any sub-carrier, connecting carrier or
substitute carrier (which may be a NVOCC) will be required to contract
with an actual ocean carrier to accomplish the Carriage contemplated by
this Bill of Lading and does so as agent of the Merchant. The Merchant
further acknowledges that by identifying the carrying Vessel on the face
side hereof, it knows or can determine the name of the actual ocean
carrier and the terms and conditions of the actual ocean carrier's bill of
lading and applicable tariff(s) and agrees to be bound thereby.
4) RESPONSIBILITY:
a) Except where the Carriage covered by this Bill of Lading is to or from
a port or locality where there is in force a compulsorily applicable
ordinance or statute of a nature similar to the international Convention
for the Unification of Certain Rules Relating to Bills of Lading, dated at
Brussels, August 25, 1924, the provisions of which cannot be departed
from, and suit or other proceeding is instituted and litigated in such
locality, this Bill of Lading shall have effect subject to the Carriage of
Goods by Sea Act of the United States ("COGSA"), approved April 16, 1936,
and nothing herein contained, unless otherwise stated, shall be deemed a
surrender by the Carrier of any of its rights, immunities, exemptions,
limitations or exonerations or an increase of any of its responsibilities
or liabilities under COGSA or, as the case may be, such compulsorily
applicable ordinances or statutes. The provisions of COGSA or such
compulsorily applicable ordinances or statutes (except as otherwise
specifically provided herein) shall govern before loading on and after
discharge from the vessel and throughout the entire time the Goods or
Containers or other packages are in the care, custody and/or control of
the Carrier, a Participating carrier or independent contractor (inclusive
of all subcontractors), their agents and servants whether engaged by or
acting for the Carrier or any other person, as well as during the entire
time the Carrier is responsible for the Goods. In the absence of
compulsorily applicable legislation, COGSA shall apply during the entire
time the Carrier remains responsible hereunder.
b) The Carrier shall not be liable in any capacity whatsoever for any
delay, non-delivery, miss-delivery or other loss or damage to or in
connection with the Goods or Containers or other packages occurring at any
time contemplated under subdivision a) of this Clause
c) The Carrier shall, irrespective of which law is applicable under
subdivision a) of this Clause, be entitled to the benefit of the
provisions of Sections 4281 to 4287, inclusive of the Revised Statutes of
the United States and amendments thereto.
d) The rights, defenses, exemptions, limitations of and exonerations from
liability and immunities of whatsoever nature provided for in this Bill of
Lading shall apply in any action or proceeding against the Carrier, its
agents and servants and/or any Participating carrier or independent
contractor, whether in tort, contract or, otherwise.
5) THROUGH TRANSPORTATION: When either the Place of Receipt or Place of
Delivery set forth herein is an inland point or place other than the Port
of Loading (Through Transportation basis), the Carrier will procure
transportation to or from the sea terminal and such inland point(s) or
place(s) and, notwithstanding anything in this Bill of Lading
contained, but always subject to Clause 4 hereof, the Carrier shall be
liable for loss or damage of whatsoever nature and howsoever arising to
the following extent, but no further.
a) Upon proof that the loss or damage arose during a part of the Carriage
herein made subject to COGSA or other compulsorily applicable legislation,
as set forth in Clause 4. a) hereof said legislation shall apply, or
b) Upon proof that the loss or damage not falling within a), above, but
concerning which the law of any country, state or subdivision thereof
contains provisions that are compulsorily applicable and would have
applied if the Merchant had made a separate and direct contract with the
Carrier, a Participating carrier or independent contractor, as referred to
in Clause 4.a) relative to a particular stage of transport or other
handling wherein the loss or damage occurred and received as evidence
thereof a particular receipt or other document, then the liability of the
Carrier, Participating carrier and independent contractor shall be subject
to the provisions of such law.
c) If it should be determined that the Carrier bears any responsibility
for loss or damage occurring during the care, custody and/or control of
any Participating carrier or independent contractor, and be subject to law
compulsorily applicable to their bills of lading, receipts, tariffs and/or
law applicable thereto, then the Carrier shall be entitled to all rights,
defenses, immunities, exemptions, limitations of and exonerations from
liability of whatsoever nature accorded under such bill of lading,
receipt, tariff and/or applicable law, provided however, that nothing
contained herein shall be deemed a surrender by the Carrier of any of its
rights, defenses and immunities or an increase of any of its
responsibilities or liabilities under this Bill of Lading, the Carrier's
applicable tariff or laws applicable or relating to such Carriage.
d) Except as hereinabove provided, the Carrier shall have no liability for
damage to the Goods.
6) SUBCONTRACTING; BENEFICIARIES:
a) The Carrier shall be entitled to subcontract on any terms for the whole
or any part of the Carriage, loading, unloading, storing, warehousing,
handling and any and all duties whatsoever undertaken by it in relation to
the Goods or Containers or other packages or any other goods.
b) It is understood and agreed that if it should be adjudged that any
person or entity other than or in addition to the Carrier is under any
responsibility with respect to the Goods or any other goods, regardless of
the port or place where any loss or damage shall occur and without regard
to whether the Goods covered hereby or any other goods are being handled
or are damaged directly or indirectly during any handling, and even if the
Goods or other goods are transported on free in, stowed and/or free out
terms, all exemptions, limitations of and exonerations from liability
provided by law or by the Terms and Conditions hereof shall be available
to all agents, servants, employees, representatives, all Participating
(including rail and other inland and coastal) carriers and all
stevedores,RT
watchmen, carpenters, ship cleaners, surveyors and all independent
contractors, inclusive of all persons providing any service whatsoever. In
contracting for the foregoing exemptions, limitations of and exonerations
from liability, the Carrier is acting as agent and trustee for and on
behalf of all persons described above, all of whom shall to this extent be
deemed to be a party to the contract as evidenced by this Bill of lading,
regardless for whom acting or by whom retained and paid, it being always
understood that said beneficiaries are not entitled to any greater or
further exemptions, limitations of or exonerations from liability than
those that the Carrier has under this Bill of Lading in any given
situation.
c) The Carrier undertakes to procure such services as necessary and shall
have the right at its sole discretion to select any mode of land, sea or
air transport and to arrange participation by other carriers to accomplish
the total or any part of the Carriage from Port of loading to Port of
Discharge or from Place of Receipt to Place of Delivery, or any
combination thereof, except as may be otherwise provided herein.
d) The Merchant agrees that the Carrier shall be deemed to be a
beneficiary of the actual ocean carrier's bill of lading and of all
exemptions, limitations of and exonerations from liability therein
contained even though the Carrier acts as agent of the Merchant in
contracting with the actual ocean carrier for the Carriage of the Goods.
Notwithstanding, under no circumstances shall the Carrier be responsible
for any damages to an extent greater than the actual ocean carrier or any
beneficiaries thereof or hereof.
e) No agent or servant of the Carrier or other person or class named in
subdivision b) hereof shall have power to waive or vary any of the Terms
and Conditions hereof unless such waiver or variation is in writing and is
specifically authorized or ratified in writing by an officer or director
of the Carrier having actual authority to bind the Carrier to such waiver
or variation.
7) DESCRIPTION OF GOODS AND MERCHANT'S RESPONSIBILITIES:
a) The description and particulars of the Goods set out on the face hereof
and any description, particulars or other representation appearing on the
Goods, Container or other packages or documents relating thereto are
furnished by the Merchant, and the Merchant warrants to the Carrier that
the description, particulars and any representation made including, but
not limited to, weight, content, measure, quantity, quality, condition,
marks, numbers and value are correct.
b) The Merchant warrants that it has complied with all applicable laws,
regulations and requirements of Customs, Port and other Authorities and
shall bear and pay all duties, taxes, fines, imposts, expenses and
losses incurred or suffered by reason thereof or by reason of any
illegal, incorrect or insufficient marking, numbering, addressing or any
other particular relative to the Goods.
c) The Merchant further warrants that the Goods are packed in a manner
adequate to withstand the ordinary risks of Carriage having regard to
their nature and in compliance with all laws, regulations and
requirements, which may be applicable.
d) No Goods which are or may become dangerous, inflammable or damaging or
which are or may become liable to damage any property or person whatsoever
shall be tendered to the Carrier for Carriage without the Carrier's prior
express consent in writing and without the Container or other covering in
which the Goods are to be transported being distinctly marked on the
outside thereof so as to indicate the nature and character of any such
articles and so as to comply with all applicable laws, regulations and
requirements if any such articles are delivered to the Carrier without
such written consent and marking or if in the opinion of the Carrier the
articles are or are liable to become of a dangerous, inflammable or
damaging nature, the same may at any time be destroyed, disposed of,
abandoned or rendered harmless without compensation to the Merchant and
without prejudice to the Carrier's right to Charges.
e) The Merchant shall be liable for all loss or damage of any kind
whatsoever including but not limited to contamination, soiling, detention
and demurrage before, during and after the Carriage of property (including
but not limited to Containers), of the Carrier or any person at vessel
(other than the Merchant) caused by the Merchant or any person acting on
its behalf or for which the Merchant is otherwise responsible.
f) The Merchant and the Goods themselves shall be liable for and shall
indemnify the Carrier, and the Carrier shall have a lien on the Goods for
all expenses of mending, repairing, fumigating, repacking, re-coopering,
baling, reconditioning of the Goods and gathering of loose contents, also
for expenses for repairing Containers damaged while in the possession of
the Merchant, for demurrage on Containers and any payment, expense, fine,
dues, duty, tax, impost, loss, damage or detention sustained or incurred
by or levied upon the Carrier, Vessel Goods, Containers or other packages
and for any action or requirement of any government or governmental
authority or person purporting to act under the authority thereof, seizure
under legal process or attempted seizure, incorrect or insufficient
marking, numbering or addressing of Containers or other packages or
description of the contents, failure of the Merchant to procure consular,
Board of Health or other certificates to accompany the Goods or to comply
with laws or regulations of any kind imposed with respect to the Goods by
the authorities at any port of place or any act or omission of the
Merchant. The Carrier's lien shall survive delivery and may be enforced by
private or public sale and without notice.
g) The Merchant shall defend, indemnify and hold harmless the Carrier, any
Participating carrier, independent contractor, their agents and servants,
against any loss, damage, claim, liability or expense whatsoever arising
from any breach of the provisions of this Clause 7, or from any cause in
connection with the Goods for which the Carrier is not responsible.
8) CONTAINERS:
a) Goods may be stowed by the Carrier, in or on Containers, and may be
stowed with other, goods. Containers, whether stowed by the Carrier or
received fully stowed, may be carried on or under deck without notice, and
the Merchant expressly agrees that cargo stowed in a Container and carried
on deck is considered for all legal purposes to be cargo stowed under
deck. Goods stowed in Containers on deck shall be subject to the
Legislation referred to in Clause 4 hereof, and will contribute in
General Average and receive compensation in General Average, as the case
may be.
b) The Terms and Conditions of this Bill of Lading shall govern the
responsibility of the Carrier with respect to the supply of a Container to
the Merchant.
c) If a Container has been stuffed by or on behalf of the Merchant, the
Carrier, any Participating Carrier, all independent contractors and all
persons rendering any service whatsoever hereunder, shall not be liable
for any loss or damage to the Goods, Containers or other packages or to
any other goods caused
(1) by the manner in which the Container has been stuffed and its
contents secured,
(2) by the unsuitability of the Goods for carriage in Containers or for
the type of Container requested by and furnished to the Merchant, or
(3) condition of the Container furnished, which the Merchant
acknowledges has been inspected by it or on its behalf before stuffing and
sealing.
d) The Merchant shall defend, indemnify and hold harmless the Carrier, any
Participating Carrier, independent contractor, their agents and servants,
against any loss, damage, claim, liability or expense whatsoever arising
from one or more of the matters covered by paragraphs 8.a), b) and/or c)
above.
9) CONTAINERS WITH HEATING OR REEFER APPARATUS: Containers with temperature
or atmosphere-control apparatus for heating, refrigeration, ventilation or
otherwise will not be furnished unless contracted for expressly in writing
at time of booking and, when furnished, may entail increased Charges. In
the absence of an express request, it shall be conclusively presumed that
the use of a dry container is appropriate for the Goods. Merchant must
provide Carrier with desired temperature range in writing at time of
booking and insert same on the face side of the Bill of Lading and where
so provided. Carrier is to exercise due diligence to maintain the
temperature within a reasonable range while the Containers are in its
custody and/or control or that of any Participating carrier or independent
contractor. The Carrier does not accept any responsibility for the
functioning of temperature or atmosphere-controlled Containers not owned
or leased by Carrier or for latent defects not discoverable by the
exercise of due diligence. Where the Container is stuffed or partially
stuffed by or on behalf of the Merchant, the Merchant warrants that it has
properly pre-cooled the Container, that the Goods have been properly
stuffed and secured within the Container and that the temperature controls
have been properly set prior to delivery of the Container to the Carrier,
its agents, servants, or any Participating carrier or independent
Contractor. The Merchant accepts responsibility for all damage or loss of
whatsoever nature resulting from a breach of any of these warranties,
including but not limited to other cargo consolidated in the Container
with the Merchants Goods or to any other cargo, property or person damaged
or injured as a result thereof, and the Merchant agrees to defend
indemnify and hold the Carrier, Participating carriers and independent
contractors, their agents and servants, harmless from, and against, all
claims, suits, proceedings and all other consequences thereof, regardless
of their nature and merit.
10) OPTION OF INSPECTION: The Carrier and any Participating carrier shall
be entitled, but under no obligation, to open any Container at any time
and to inspect the contents. If it thereupon appears that the contents or
any part thereof cannot safely or properly be carried or carried further,
either at all or without incurring any additional expense, the Carrier and
Participating carrier, independent contractor, their agents and servants,
may abandon the transportation thereof and/or take any measures and/or
incur any reasonable additional expenses to continue the Carriage or to
store the Goods, which storage shall be deemed to constitute due delivery
under this Bill of Lading. The Merchant shall indemnify the Carrier, any
Participating carrier, independent contractor, their agents and servants,
against any reasonable additional Charges so incurred.
11) DECK CARGO: Deck cargo (except that carried in Containers on deck) and
live animals are received and carried solely at Merchant's risk (including
accident or mortality of animals), and the Carrier will not in any event
be liable for any loss or damage for or from which he is exempt, immune or
exonerated by applicable law, or from any other cause whatsoever not due
to the fault of the Carrier, any warranty of seaworthiness in the premises
being hereby waived, and the burden of proving liability being in all
respects upon the Merchant. Except as may by otherwise provided, such
shipments shall be deemed Goods and shall be subject to all Terms and
Conditions of this Bill of Lading.
12) METHODS AND ROUTES OF TRANSPORTATION: With respect to the Goods or
Containers or other packages, the Carrier may at any time and without
notice to the Merchant:
a) use any means of transport (water, land and/or air) or storage
whatsoever;
b) forward, transship or retain on board or carry on another vessel or
conveyance or by any other means of transport than that named on the
reverse side hereof,
c) carry Goods on or under deck at its option;
d) proceed by any route in its sole and absolute discretion and whether
the nearest, most direct, customary or advertised route or in or out of
geographical rotation;
e) proceed to or stay at any place whatsoever and in any order or omit
calling at any port, whether scheduled or not;
f) store, vanned or devanned, at any place whatsoever, ashore or afloat,
g) proceed with or without pilots;
h) carry livestock, contraband, explosives, munitions, warlike stores,
dangerous or hazardous Goods or Goods of any and all kinds;
i) dry-dock or stop at any unscheduled or unadvertised port for bunkers,
repairs or for any purpose whatsoever
j) discharge and require the Merchant to take delivery, vanned or devanned
k) comply with any orders, directions or recommendations given by any
government or authority. or by any person or body acting or purporting to
act with the authority of any government or authority or having under the
terms of the insurance on the Vessel or other conveyance employed by the
Carrier the right to give such orders, directions or recommendations,
l) take any other steps or precautions as may appear reasonable to the
Carrier under the circumstances. The liberties set out in subdivisions
a) through I) may be invoked for any purpose whatsoever even if not
connected with the Carriage covered by this Bill of Lading, and any
action taken or omitted to be taken, and any delay arising therefrom,
shall be deemed to be within the contractual and contemplated Carriage and
not be an unreasonable deviation. In no circumstance whatsoever shall the
Carrier be liable for direct, indirect or consequential, loss or damage
caused by delay.
13) MATTERS AFFECTING PERFORMANCE: In any situation whatsoever and
wheresoever occurring and whether existing or anticipated before
commencement of, during, or after the Carriage, which in the judgment of
the Carrier is likely to give rise to any hindrance, risk, capture,
seizure, detention, damage, delay, difficulty or disadvantage or loss to
the Carrier or any Part of the Goods, or make it unsafe, imprudent,
impracticable or unlawful for any reason to receive, keep, load, carry or
discharge them or any part of them or commence or continue the Carriage or
disembark passengers at the Port of Discharge or at the usual or intended
place of discharge or delivery, or to give rise to danger, delay or
difficulty of whatsoever nature in proceeding by the usual or intended
route, the Carrier and any Participating carrier, independent contractor,
their agents and servants, without notice to the Merchant, may decline to
receive, keep, load, carry or discharge the Goods, or may discharge the
Goods and may require the Merchant to take delivery and upon failure to do
so, may warehouse them at the risk and expense of the Merchant and Goods
or may forward or transship them as provided in this Bill of Lading or the
Carrier may retain the Goods on board until the return of the Vessel to
the Port of loading or to the Port of Discharge or any other point or
until such time as the Carrier deems advisable and thereafter discharge
them at any place whatsoever. In such event, as herein provided, such
shall be at the risk and expense of the Merchant and Goods, and such
action shall constitute complete delivery and performance under this
contract, and the Carrier shall be free from any further responsibility.
For any service rendered as herein above provided or for any delay or
expense to the Vessel or Carrier caused as a result thereof, the Carrier
shall, in addition to full Charges, be entitled to reasonable extra
compensation, and shall have a lien on the Goods for same. Notice of
disposition of the Goods shall be sent to the Merchant named in this Bill
of Lading within a reasonable time thereafter. All actions taken by the
Carrier hereunder shall be deemed to be within the contractual and
contemplated Carriage and not be an unreasonable deviation.
14) DELIVERY: If delivery of the Goods or Containers or other packages or
any part thereof is not taken by the Merchant when and where and at such
time and place as the Carrier is entitled to have the Merchant take
delivery, whether or not the Goods are damaged, they shall be considered
to have been delivered to the Merchant, and the Carrier may, at its
option, subject to its lien and without notice, elect to have same remain
where they are or, if containerized, devanned and sent to a warehouse or
other place, always at the risk and expense of the Merchant and Goods. If
the Goods are stowed within a Container owned or leased by the Carrier,
the Carrier shall be entitled to devan the contents of any such Container,
whereupon the Goods shall be considered to have been delivered to the
Merchant, and the Carrier may, at its option subject to its lien and
without notice elect to have same remain where they are or sent to a
warehouse or other place, always at the risk and expense of the Merchant
and Goods. At ports or places where by local law, authorities or custom,
the Carrier is required to discharge cargo to lighters or other craft or
where it has been so agreed or where wharves are not available which the
Vessel can get to, be at, lie at, or leave, always safely afloat, or where
conditions prevailing at the time render discharge at a wharf dangerous,
imprudent or likely to delay the Vessel, the Merchant shall promptly
furnish lighters or other craft to take delivery alongside the Vessel at
the risk and expense of the Merchant and Goods. If the Merchant fails to
provide such lighters or other craft, Carrier, acting solely as agent for
the Merchant, may engage such lighters or other craft at the risk and
expense of the Merchant and Goods. Discharge of the Goods into such
lighters or other craft shall constitute proper delivery and any further
responsibility of Carrier with respect to the Goods shall thereupon
terminate.
15) CHARGES, INCLUDING FREIGHT: The Charges payable hereunder have been
calculated on the basis of particulars furnished by or on behalf of the
Merchant. The Carrier shall, at any time, be entitled to inspect, reweigh,
re-measure or revalue the contents and, it any of the particulars
furnished by the Merchant are found to be incorrect, the Charges shall be
adjusted accordingly, and the Merchant shall be responsible to pay the
correct Charges and all expenses incurred by the Carrier in checking
said particulars or any of them. Charges shall be deemed earned on
acceptance of the Goods or Containers or other packages for shipment by or
on behalf of the Carrier and shall be paid by the Merchant in full,
without any offset, counterclaim or deduction, and shall be non-returnable
in any event. The Merchant shall remain responsible for all Charges,
regardless whether the Bill of Lading states, in words or symbols, that it
is "Prepaid" or "Collect." In arranging for any services with respect to
the Goods, the Carrier shall he considered the exclusive agent of the
Merchant for all purposes, and any payment of Charges to other than the
Carrier shall not, in any event, be considered payment to the Carrier. The
Merchant shall defend, indemnify and hold the Carrier, any Participating
carrier, independent contractor, their agents and servants harmless from
and against all liability, loss, damage and expense which may be sustained
or incurred relative to the above.
16) CARRIER'S LIEN: The Carrier shall have a lien on the Goods, inclusive
of any Container owned or leased by the Merchant and all equipment and
appurtenances thereto, as well as on any Charges due any person, and on
any documents relating thereto, which lien shall survive delivery, for all
sums due under this contract or any other contract or undertaking to which
the Merchant was party or otherwise involved, including, but not limited
to, General Average contributions, salvage and the cost of recovering such
sums, inclusive of attorney's fees. Such lien may be enforced by the
Carrier by public or private sale at the expense of and without notice to
the Merchant. The Merchant agrees to defend, indemnify and hold the
Carrier, any Participating carrier, independent contractor, their agents
and servants, harmless from and against all liability, loss, damage or
expense which may be sustained or incurred by the Carrier relative to the
above and the Merchant agrees to submit to the jurisdiction of any court,
tribunal or other body before whom the Carrier may be brought, whether
said proceeding is of a civil or criminal nature.
17) RUST: It is agreed that superficial rust, oxidation or any like
condition due to moisture, is not a condition of damage but is inherent to
the nature of the Goods. Acknowledgement of receipt of the Goods in
apparent good order and condition is not a representation that such
conditions of rust, oxidation or the like did not exist on receipt.
18) GENERAL AVERAGE:
a) If General Average is declared, it shall be adjusted according to the
York/Antwerp Rules of 1994 and all subsequent amendments thereto from time
to time made, at any place at the option of any person entitled to declare
General Average, and the Amended Jason Clause as approved by BIMCO is to
be considered as incorporated herein, and the Merchant shall provide such
security as may be required in this connection.
b) Notwithstanding a) above, the Merchant shall defend, indemnify and hold
harmless the Carrier and any Participating carrier, their agents and
servants, in respect of any claim (and any expense arising therefrom) of a
General Average nature which may be made against the Carrier and/or any
Participating carrier and shall provide such security as may be required
In this connection.
c) Neither the Carrier not any Participating carrier shall be under any
obligation to take any steps whatsoever to post security for General
Average or to collect security for General Average contributions due to
the Merchant.
19) LIMITATION OF LIABILITY: Except as otherwise provided in this Clause or
elsewhere in this Bill of Lading, in case of any loss or damage to or in
connection with cargo exceeding in actual value the equivalent of $500
lawful money of the United States, per package, or in case of cargo not
shipped in packages, per shipping unit, the value of the cargo shall be
deemed to be $500 per package or per shipping unit. The Carrier's
liability, if any, shall be determined on the basis of a value of $500 per
package or per shipping unit or pro rata in case of partial loss or
damage, unless the nature of the cargo and valuation higher than $500 per
package or per shipping unit shall have been declared by the Merchant
before shipment and inserted in this Bill of Lading, and extra freight
paid if required. In such case, if the actual value of the cargo per
package or per shipping unit shall exceed such declared value, the value
shall nevertheless be deemed to be the declared value and the Carrier's
liability if any, shall not exceed the declared value. The words "shipping
unit" shall mean each physical unit or piece of cargo not shipped in a
package, including articles or things of any description whatsoever,
except cargo shipped in bulk, and irrespective of the weight of
measurement unit employed in calculating freight and related charges. As
to cargo shipped in bulk, the limitation applicable thereto shall be the
limitation provided in Section 1304(5) of COGSA, or such other
legislation, convention or law as may be compulsorily applicable, and in
no event shall anything herein be construed as a waiver of limitation as
to cargo shipped in bulk. Where a Container is not stuffed by or on behalf
of the Carrier or the parties characterizes the Container as a package or
a lump sum freight is assessed, in any of these events, each individual
such Container, including in each instance its contents, shall be deemed a
single package and Carriers liability limited to $500 with respect to each
such package, except as otherwise provided in this Clause or elsewhere in
this Bill of Lading with respect to each such package. In the event this
provision should be held invalid during that period in which compulsory
legislation shall apply of its own force and effect, such as during the
tackle-to-tackle period, it shall nevertheless apply during all
noncompulsory periods such as, but not limited to, all periods prior to
loading and subsequent to discharge from the Vessel for which the Carrier
remains responsible. Where compulsorily applicable legislation provides a
limitation less than $500 per package or shipping unit, such lesser
limitation shall apply and nothing herein contained shall be construed as
a Waiver of a limitation less than $500. Further, where a lesser monetary
limitation is applicable, such as during handling by a Participating
carrier or independent contractor and damage occurs during its or their
period of care, custody, control and/or responsibility, the Carrier shall
be entitled to avail itself of such lesser limitation.
20) NOTICE OF CLAIM TIME FOR SUIT: As to any loss or damage presumed to
have occurred during the Carrier's period of responsibility, the Carrier
must be notified in writing of any such loss or damage or claim before or
at the time of discharge/removal of the Goods by the Merchant or, if the
loss or damage is not then apparent, within 3 consecutive days after
discharge/delivery or the date when the Goods should have been
discharged/delivered. If not so notified, discharge, removal or delivery,
depending upon the law applicable, shall be prima facie evidence of
discharge/delivery in good order by the Carrier of such Goods. In any
event, the Carrier shall be discharged from all liability of whatsoever
nature unless suit is brought within 1 year after delivery of the Goods or
the date when the Goods should have been delivered, provided however, that
if any claim should arise during a part of the transport which is subject
by applicable law and/or tariff and/or contract to a shorter period for
notice of claim or commencement of suit, any liability whatsoever of the
Carrier shall cease unless proper claim is made in writing and suit is
brought within such shorter period. Suit shall not be deemed "brought"
unless jurisdiction shall have been obtained over the Carrier by service
of process or by an agreement to appear. In the event this provision
should be held invalid during that period in which compulsory legislation
shall apply of its own force and effect, such as during the
tackle-to-tackle period, it shall nevertheless apply during all
non-compulsory periods during which the Carrier remains responsible for
the Goods.
21) LAW AND JURISDICTION:
a) Governing law shall be in accordance with Clause 4. hereof
b) Jurisdiction: All disputes in any way relating to this Bill of
Lading shall be determined by the United States District Court for
Richmond County, Virginia to the exclusion of the jurisdiction of any
other courts in the United States or the courts of any other country
PROVIDED ALWAYS that the Carrier may in its absolute and sole discretion
invoke or voluntarily submit to the jurisdiction of any other court which,
but for the terms of this Bill of Lading, could properly assume
jurisdiction to hear and determine such disputes, but such shall not
constitute a waiver of the terms of this provision in any other instance.
22) NON-WAIVER AND SEPARABILITY: Nothing in this Bill of Lading shall
operate to deprive the Carrier of any statutory protection or any defense,
immunity, exemption, limitation of or exoneration from liability contained
in the laws of the United States, or of any other country whose laws may
be applicable. The Terms and Conditions of this Bill of Lading (including
all the terms and conditions of the carrier's applicable tariff or
tariffs, incorporated herein by virtue of Clause 2. above) shall be
separable, and if any part or term hereof shall be held invalid, such
holding shall not affect the validity or enforceability of any other part
or term hereof.
